extend the existing trustee disqualification framework to cover people on the sex offenders register (even when the conviction is spent)

extend the framework to cover senior staff of charities, including chief executives and finance directors

As a charity that exists to support the efforts of people with convictions in moving on positively with their lives, and as an organisation which itself seeks to recruit trustees and leaders who themselves have convictions, we are concerned about the potential impact of these proposals, as well as being concerned about how the current system operates.

We remain of the view that the extension of the disqualification framework to senior managers (previously just trustees) should be scrapped. We also believe the provisions should only apply while a conviction is unspent. Ultimately, we think that the changes brought in by the 2016 Act are disproportionate and an ineffective way of protecting charities.

From a pragmatic perspective, we’re concerned that the government appear to remain committed to introducing these changes too quickly. We received assurances from government, when the bill was passing through Parliament, that there would be sufficient time ahead of implementation so that the waiver process could be improved and that guidance could be drafted, published and circulated, so that those affected would have an opportunity to take steps to obtain a waiver in advance of the changes coming into force.

What we’re doing

We’re continuing to make the case to government that the changes should be scrapped, while at the same time working closely with Clinks and others to ensure that both charities and people with convictions are aware of what’s on the horizon, so that they can make sure they’re prepared if they do come into force.

We are working with the Charity Commission on their review of the waiver process.

We are working to ensure that the processes of the Charity Commission operate in a way which allows charities the freedom to recruit people as trustees who have unspent convictions, where the charity believes that the individual can fulfil their obligations as a trustee and the charity can show it has taken reasonable steps to protect the interests of the charity.

What we’ve done

We responded to the Government’s consultation in February 2014 setting out our proposals. Read them here.

We produced a briefing on the Bill in November 2015 (which had widespread support from other charities) after further measures were introduced to make things worse. We’ve lobbied for amendments to the Bill, which received Royal Assent in March 2016.

Are you affected by the Charities Act 2016?

Have you applied for a waiver from the Charity Commission?

We are collecting on how effective the ‘waiver’ process is, which the Charity Commission operates. As a result, we are keen to hear from those those have applied for a waiver from the Charity Commission to act as a trustee because of their criminal record.

We are actively looking for cases where people with convictions have been successful, but we’re just as interested in those cases that have not been successful.

You can get send your details to policy@unlock.org.uk. Any personal details that you send us will be entirely confidential and will not be shared outside of Unlock without your express permission. For more details on sending your details to us, click here.

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There are over 11 million people in this country with a criminal record. Many of them play a vital role in contributing to the work of charities. There are many charities, including those working with people in the criminal justice system, that are ‘user led’ or actively involve their beneficiaries at a senior level in...

There are over 11 million people in this country with a criminal record. Many of them play a vital role in contributing to the work of charities. There are many charities, including those working with people in the criminal justice system, that are ‘user led’ or actively involve their beneficiaries at a senior level in...

New rules that disqualify people from being senior managers or trustees of charities if they have committed certain offences, will come into force on 1 August. In an article published in Third Sector, Christopher Stacey comments on how Unlock, along with the criminal justice charities Clinks and the Prison Reform Trust, wrote to the Charity Commiss...

Update – 1st August 2018 – Changes to the rule come into force and we publish updates to the guidance mentioned below Unlock, a leading independent charity for people with convictions, has today published guidance to help charities, as well as those involved in them, understand and prepare for changes to charity rules and its...